File image of Boots on Dublin's Henry Street, pictured in 2022. Google Street View

Boots 'vicariously liable' for actions of security guard who refused Roma woman entry to shop

Claudia Tanase was attending Boots on Henry Street to purchase medicine for her ill child when she was refused entry.

A ROMA WOMAN has been awarded €800 by the Workplace Relations Commission after it found she had been discriminated against by a security guard working at Boots on Dublin’s Henry Street.

Claudia Tanase submitted to the WRC that on 3 October 2024, she went to the Henry Street shop with her ill child to purchase medicine at its pharmacy.

She alleged that when attempting to enter the shop, the security guard refused her entry on the basis of her Roma ethnicity. She further alleged that the security guard told her he had been instructed not to admit members of the Roma community.

The complainant stated in her complaint she was identifiable as a Roma woman due to her “appearance, complexion, accent and traditional dress”.

A heated exchange ensued, part of which was recorded. She was later allowed to access the pharmacy to buy medicine for her child and was then told to leave the shop.

Tanase said the incident, which occurred in public view, caused her humiliation and distress and her child was upset and frightened.

Boots initially denied liability and said it had no record of the incident, the complainant said.

Later, after it was furnished with the recording of the incident, it indicated that further investigations would take place and suggested that responsibility might lie with the third-party security contractor, according to the ruling.

However, the complainant noted that in the shop’s initial response to the complaint, Boots addressed and defended the actions of the security guard.

It was submitted that this is consistent with an acceptance that the security guard was acting on the shop’s behalf.

The shop alleged that Tanase had been involved in anti-social behaviour, but when asked to elaborate on this, the shop declined to provide the particulars.

By letter, the respondent’s solicitors denied liability and asserted that the correct respondent was the third-party security contractor.

Having reviewed the submissions, the WRC found that the shop, through its agent, engaged in prohibited conduct. An award of €800 to Tanase was deemed proportionate.

Boots was directed to ensure that all security personnel assigned to its premises receive appropriate briefing or training.

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